|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|06-1666||D.C. Cir.||Mar 25, 2008||Jun 12, 2008||9-0||Roberts||OT 2007|
Holding: (1) The habeas statute extends to American citizens held overseas by American forces operating subject to an American chain of command. The government's argument that the federal courts lack jurisdiction over the detainees' habeas petitions in such circumstances because the American forces holding Shawqi Omar and Mohammad Munaf operate as part of a multinational force is rejected. The habeas statute, 28 U. S. C. § 2241(c)(1), applies to persons held "in custody under or by color of the authority of the United States." The disjunctive "or" in Section 2241(c)(1) makes clear that actual government custody suffices for jurisdiction, even if that custody could be viewed as "under . . . color of" another authority, such as the Multinational Force-Iraq. (2) Federal district courts, however, may not exercise their habeas jurisdiction to enjoin the United States from transferring individuals alleged to have committed crimes and detained within the territory of a foreign sovereign to that sovereign for criminal prosecution. Because Omar and Munaf state no claim in their habeas petitions for which relief can be granted, their habeas petitions should have been promptly dismissed, and no injunction should have been entered.
Judgment: Vacated and remanded, 9-0, in an opinion by Chief Justice John Roberts on June 12, 2008. Justice Souter filed a concurring opinion, in which Justices Ginsburg and Breyer joined.
Released today: annual financial disclosures for eight of the nine justices. Key takeaways: substantial book-royalty income for Sotomayor and Gorsuch; reduced travel reimbursements across the board during the pandemic.
Full story from @AHoweBlogger:
Less travel, plenty of royalties for justices in 2020 - SCOTUSblog
The effects of the COVID-19 pandemic were reflected in an unusual source: the justices’ 2020 financial disclosur...
Opinions next week — Monday and Thursday at 10:00 a.m. ET.
With 21 opinions to go, #SCOTUS enters the home stretch: Opinions expected on Monday and Thursday again next week, at 10 am Eastern both days. Court will also issue orders from today's conference at 9:30 am on Monday, June 14.
NEW: SCOTUS rules against federal government's interpretation of the Armed Career Criminal Act. Court says a felony involving recklessness does not satisfy the law's "use of physical force" element and thus does not trigger the law's "violent felony" mandatory minimum sentence.
It's a @SCOTUSblog kind of morning
R.I.P. Judge Robert Katzmann of the U.S. Court of Appeals for the 2nd Circuit. His influence on SCOTUS and American law was enormous.
The Supreme Court will release opinion(s?) at 10:00 a.m. ET. We’ll fire up the live blog at 9:45.
There are 22 outstanding opinions in argued cases including the Affordable Care Act, LGBTQ+ / religious liberty, voting rights, and student speech. https://www.scotusblog.com/2021/06/announcement-of-opinions-for-thursday-june-10/
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